BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.

                                                          Complaint Case no. 706 of 2022      

                                                          Date of Institution: 14.12.2022

                                                          Date of Decision:   10.07.2023. 

Sidharth Bhadu aged about 29 years son of Shri Balveer Bhadu, resident of village Kishanpura, Tehsil Ellenabad, District Sirsa.

                                                                   ………Complainant.

                                      Versus

Alakh Creations, Acrylic Store, 498/190/F1, Near Geeta Niketan, Alopibagh, Prayagraj, Uttar Pradesh 211006.

                  ……… Opposite party.

          Complaint under Section 35 of the Consumer Protection Act, 2019.

Before:       SH. PADAM SINGH THAKUR………. PRESIDENT

        SMT. SUKHDEEP KAUR……………..MEMBER            

Present:         Sh. Rohit Bhatnagar, Advocate for complainant.

        Opposite party already exparte.

ORDER

          The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred as OP).

2.       In brief, the case of complainant is that op is manufacturer of Acrylic Sign Boards and complainant had made order to op for purchase of School Sign Board to fix at his school and at outdoor of school and paid a sum of Rs.5000/- in advance through online through phone pay. The op also issued receipt of first installment for above said order on 29.08.2022 and he was again asked to deposit a sum of Rs.10,000/ through online which was duly paid by complainant on 22.09.2022. It was promised by op that delivery of order will be made to him within short period. It is further averred that thereafter complainant a number of times contacted the op and requested to make the delivery of the order but op replied with excuses every time that some material is required to make the sign board and requested him to wait till 18.10.2022 but again no delivery was made by op. That despite his several requests the op avoided the request of complainant with one pretext or the other and now refused to make the delivery. The complainant thereafter requested to the op for the refund of money on 23.11.2022 and cancelled the order. That op acknowledged the cancellation of order in his reply and promised to refund the money on 25.11.2022 and asked the account details of the complainant. The complainant sent all the details of his PNB Bank account to the op on 24.11.2022 to get refund of his deposited amount but neither the op delivered the order nor refunded the amount to him till date and now op has refused to return the amount of Rs.15,000/-. That such act and conduct on the part of op amounts to deficiency in service and unfair trade practice on account of which complainant has suffered unnecessary harassment. Hence, this complaint.

3.       Notice of the complaint was issued to the op through registered cover which was not received back and as none appeared on behalf of op after expiry of stipulated period of 30 days, therefore, op was proceeded against exparte.

4.       The complainant in exparte evidence has tendered his affidavit Ex. CW1/A and documents i.e. whatsapp messages Ex.C1, transaction receipts of the amount of Rs.5,000/- Ex.C2 and payment summary of the amount of Rs.10,000/- as Ex.C3.

5.       We have heard learned counsel for complainant and have gone through the case file carefully.

6.       The complainant in order to prove his case has furnished his affidavit Ex.CW1/A in which he has reiterated all the contents of his complaint. He has also placed on file transaction receipts of the amounts of Rs.5000/- and Rs.10,000/- paid to the op through online in the account of op as per account details supplied by the op to the complainant for supply of sign board for his school. According to the complainant despite his several requests neither the sign board has been delivered nor the amount of Rs.15,000/- has been refunded to him by the op and in this regard complainant has also placed on file whatsapp message as Ex.C1 in which also complainant requested the op to cancel the deal because op did not supply the sign board to the complainant despite charging of the amount of Rs.15,000/-. The op has failed to refund the said amount of Rs.15,000/- received from complainant despite calling the details of bank account of the complainant. The pleadings as well as evidence led by complainant goes as unchallenged and unrebutted as op did not bother to appear before this Commission despite notice and opted to be proceeded against exparte. The act and conduct on the part of op clearly amounts to deficiency in service as well as unfair trade practice and the complainant is entitled to refund of the amount of Rs.15,000/- besides compensation for harassment from op.

7.       In view of our above discussion, we allow the present complaint and direct the opposite party to make refund of the amount of Rs.15,000/- to the complainant alongwith interest @6% per annum from the date of filing of present complaint i.e. 14.12.2022 till actual payment within a period of 30 days from the date of receipt of copy of this order. We also direct the op to further pay a sum of Rs.10,000/- as composite compensation for harassment and litigation expenses to the complainant within above said period. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.  

Announced:                             Member                President,

Dated: 10.07.2023.                                               District Consumer Disputes

                                                                   Redressal Commission, Sirsa.

JK